United States Patent and Trademark Office OG Notices: 01 April 2003

Date            Type of         Proceeding
Issued          Case (1)        or App'n No.            Party/Parties

2-26            EX              76/092,345              S. Martinelli
                                                        & Co.

2-26            EX              75/698,975              Tower Tech, Inc.


                                Opposer's/              Applicant's/
                                Petitioner's            Respondent's
                TTAB            Mark and                Mark and
Issue           Decision        Goods/Services          Goods/Services

2(d)            Refusal                                 "MARTINELLI'S
                Reversed                                GOLD MEDAL"
                                                        (in stylized
                                                        lettering)
                                                        [mulling spice]

2(d);           Refusal                                 "TOWER TECH"
2(e)(1)         Affirmed                                [evaporative and
                but only                                conductive heat
                on 2(d)                                 transfer equip-
                ground                                  ment, namely,
                                                        cooling towers,
                                                        heat exchangers,
                                                        industrial cooling
                                                        water treatment
                                                        units, and parts
                                                        thereof; cooling
                                                        tower rental
                                                        services, and
                                                        construction,
                                                        erection, and
                                                        maintenance of
                                                        cooling towers]


Mark and                                        Citable as
Goods Cited by                                  Precedent
Examining Atty.                                 of TTAB

2 cited registrations,                          No
both owned by the
same entity:
"GOLD MEDAL"
and "GOLD MEDAL"
(in stylized
lettering)
[both marks
for spices and
processed herbs; and
extracts other than
vanilla, used as food
flavoring; food
flavoring, other than
vanilla, containing
nonessential oils;
mustard]

"TOWERTECH"                                     No
[construction and
maintenance services,
namely, building,
inspecting,
maintaining,
upgrading, and
removal of towers
and tower sites]

(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION
TO DISMISS; (MR)=MOTION TO REOPEN